I define a policy as a statement by government—at whatever level—of what it
intends to do about a public problem. Such statements can be found in the Constitution,
statutes, regulation, case law (that is, court decisions), agency or leadership
decisions, or even in changes in the behavior of government officials at all levels.
For example, a law that says that those caught driving while intoxicated will go to
jail for up to one year is a statement of governmental policy to punish drunk drivers.
The National Environmental Policy Act (NEPA) is a statement of government
policy toward the environment. The First Amendment specifies that Congress cannot
abridge religious, speech, or press freedoms, by stating “Congress shall make
no law. . . .” Judicial decisions are also statements of policy: the Supreme Court’s
decision in Brown v. Board of Education is a statement of policy that governments
cannot racially segregate schools.